Virginia Senate Republicans on Tuesday advanced legislation that would require women to undergo an external ultrasound before getting an abortion despite accusations that the procedure is medically useless at the earliest stages of pregnancy when most abortions occur.
The bill, approved on a 21-19 vote, incorporates changes sought by Gov. Bob McDonnell, eliminating the invasive internal transvaginal ultrasound allowed under the original bill with a requirement that women undergo only the “jelly on the belly” external ultrasound prior to getting an abortion.
Before advancing the bill, Senate Democrats succeeded in amending it so that rape victims seeking an abortion would not first have to have the ultrasound exam. That change needs the approval in the House of Delegates where Republicans hold a 2-to-1 majority.
Still, the bill is largely the same one that came out of McDonnell’s office last week when the Republican caved to outside pressure and asked House allies to disallow the transvaginal ultrasound because it requires a medical instrument to be inserted into a woman’s vagina. Even conservatives opposed the use of the internal transvaginal procedure, the more effective technique so early in a pregnancy, calling it a government invasion of a woman’s privacy.
McDonnell previously indicated he would sign the original bill, all but guaranteeing nearly every women would have to undergo the more invasive internal procedure before an abortion. But the governor reversed course after women’s health groups called the bill state-sponsored rape and late-night comedians mocked it on national television.
Even with the changes, abortion-rights advocates said the legislation still puts a costly, unnecessary barrier between women and a lawful medical procedure.
“Originally this bill, before it was amended, was state rape. And there were people who voted for that,” said Sen. Janet Howell, D-Reston. “And now what we have, and what makes me angry, is state assault.”
Senate Democrats pleaded with their Republicans to kill the bill in the same manner they recently ended two other House-approved women’s health bills: an effort to abolish the requirement that all girls receive the vaccine for human papillomavirus and a “personhood” bill that would have given a fetus the same rights as everyday citizens.
But Democrats were ultimately thwarted on the ultrasound measure by two of their own, Democratic Sens. Chuck Colgan of Manassas and Phil Puckett of Tazewell, who joined 19 Republicans in voting for the bill.
One Republican, Sen. John Watkins of Chesterfield County, voted against it.
Proponents of the bill said they are merely trying to give women all the information needed in making a difficult decision.
“This provision for fully informed consent exists in 20 other states,” said Sen. Steve Martin, R-Newport News, “and hasn’t caused a problem.”
